7 Year Child Concession

[harishdahiya88]

Hi All,
I have query regarding kind of similar situation and feel that this is the right thread to ask.
I came in Dec 2014 on T2 ICT visa along with my wife and son who was born in India in Dec 2013. After which in March 2018, My wife got T2 General(skilled Worker) visa and in Feb 2019, we completed switching on PBS dependent for me and my son on wife's visa.
Now my wife will be eligible to apply for ILR in Feb 2023. Me and my son will be eligible to apply ILR in Feb 2024 as we will complete 5 year on dependent.
But we want to switch my son visa to Private life route as he has completed more than 7 years in UK continuously due to upcoming circumstance which can impact our stay. As per my understanding, after 20th June 2022 changes of moving Private life outside FM Appendix, it seems he is eligible for it. Can you clarify if it is possible to do this switch only for my son at this point and if yes will you like to suggest any services you offer in this regards with fees structure involved.
Thanks
Harish

[zimba]

This is an online public forum where you can get immigration advice from others who are unpaid volunteers. It is not a place to get visa services

The non-UK born dependant children of migrant workers cannot benefit from new changes as such a child is required to have been granted leave under private life. Your child is not eligible to be granted leave under private life normally. He stays under the same visa route as you (dependant visa holder) and settles when both parents settle. The fact that he has been in the UK for 7 years is irrelevant

indefinite-leave-to-remain/what-chances ... l#p2077887

[harishdahiya88]

Thanks Zimba
I am not applying for his ILR on this route. I just like to know if I can apply leave to remain under private life.

So if tomorrow the situation arrives that main visa holder does not have sponsorship anymore and have to leave will in that case child will qualify to apply for leave under private life as he/she already spent more than 7 years continuously in the country and not reasonable to settle outside.
Secondly, to apply for private life route itself you need to be in country for 7 year of a child born outside UK. So until unless you completed that period how you will obtain private life leave to remain which later after 5 year will make eligible for ILR.?

[zimba]

Thanks Zimba
I am not applying for his ILR on this route. I just like to know if I can apply leave to remain under private life.

So if tomorrow the situation arrives that main visa holder does not have sponsorship anymore and have to leave will in that case child will qualify to apply for leave under private life as he/she already spent more than 7 years continuously in the country and not reasonable to settle outside.
Secondly, to apply for private life route itself you need to be in country for 7 year of a child born outside UK. So until unless you completed that period how you will obtain private life leave to remain which later after 5 year will make eligible for ILR.?

The fact that a child stays here for 7 years does NOT automatically lead to a private life claim. Where did you get such an idea ?

If a work sponsorship is terminated, you are required to leave with your dependants. You cannot normally make a private life claim here through a child who has lived here. Note that the new rule changes did not intend to open a backdoor policy to settlement in the UK for migrant workers and their dependents through their children.

Even for UK-born children who are not granted leave under the private route, the rules still require you to demonstrate that it would unreasonable for them to leave the UK. See: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085439

Normally it is NOT unreasonable to ask a migrant worker and their dependents to leave the UK when their work sponsorship terminates. Merely having a child who has lived here for 7 years therefore does NOT mean an automatic path to private life. The 'natural expectation' is the child will stay with their parents.

You can see a court ruling on this: indefinite-leave-to-remain/ilr-for-7-ye ... l#p2085943